Nov 18 Constitutional Amendments

Source: Public Domain

Election day is soon approaching and with it comes another round of proposed Amendments to the Louisiana Constitution. We voted on four back on October 14 (all of which were passed), and there will be another four on the November 18 ballot (along with a few remaining statewide runoffs (Secretary of State, Attorney General, and Treasurer), and a Rapides Parish 20-year tax proposal to support the Renaissance Home. You can get details on your ballot at the Secretary of State's website or by going to http://GeauxVote.com. 

 For the past several years I have sought to provide a layman's guide to the amendments because they are (rightfully so) written in legalize in order to be factual, precise, and enforceable. Unfortunately, that means that sometimes they are not easily understood!

To guide my research I read as much as I can about the amendments as well as take in PAR's excellent guide to the amendments. However, as hard as they work to boil the language down to understandable terms, this year's guide is still 17 pages long! (Granted, that includes covering the four on the Oct 14 ballot and the four on the Nov 18 ballot.) My goal is to summarize each amendment in one or two paragraphs. So let's dive right in!

• Constitutional Amendment 1 would allow lawmakers to try to override a governor's veto without calling a separate session if they are already in a legislative session. In the past few years the Legislature has often called special sessions immediately after regular sessions to deal with pressing issues. This has caused some confusion as to the time limit requirements of veto sessions, so this amendment would clarify the language, especially dealing with special sessions. (I'm voting YES because I think the rules need to be clarified regarding special sessions.)
  
  
• Constitutional Amendment 2 would remove six inactive funds with zero or near-zero balances from the Constitution. These six funds are not being used and no longer fulfill their original purpose. Five of the funds have $0 in them and the sixth has $604 and hasn't had a deposit in over 20 years. (The $604 would be transferred to the general fund.) (I'm voting YES because I think it helps streamline the Constitution by removing these no-longer-used funds.)
  
  
• Constitutional Amendment 3 would allow property tax exemptions for First Responders. Most property owners receive a $75,000 property tax exemption for the home they live in, and some other specific exemptions are allowed (such as homeowners with disabilities, some military veterans, and homeowners of certain income levels who are 65 and older.) This amendment would allow parish governing authorities to approve an additional $25,000 exemption to qualified first responders who live in the parish in an effort to help recruit and retain first responders. I'm very conflicted about this because while I fully support first responders, this has the potential for confusion and abuse. And currently there is not an understanding of the financial impact so I'm withholding my recommendation until I can research it more fully.
  
  
• Constitutional Amendment 4 would tighten the rules on how money from the Revenue Stabilization Trust Fund could be used by the Legislature. Currently funds can be accessed by a vote of 2/3 of the legislature for undefined "emergencies". The proposed changes would make it harder to access these funds by defining which "emergencies" it can be used for and limiting it to a certain amount of usage, only after the states separate "rainy day fund" was accessed. I'm leaning towards a YES vote, but I'm still researching the potential impact of this amendment and am withholding my recommendation until I gain some additional perspective.

Well, there you have it, a brief look at the four amendments coming up on the Nov 18 ballot. I will try to update this post later after I've had more time to take a closer look at 3 and 4. But I wanted to share this now since early voting starts Nov 3 and runs through on Veteran's Day, Nov 11 (excluding Sunday, Nov 5 and Veteran's Day holiday on Nov 10). I'd love to hear your thoughts on the constitutional amendments. Who knows, maybe you'll change my mind! But regardless of whether you agree with me or not, I hope everyone will educate themselves on the amendments and geaux vote!!!

October 14, 2023 Constitutional Amendments

Source: Public Domain

It's election season again! Louisianians will be headed to the polls Oct 14 to vote for a new Governor, Lt Governor, Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture and Forestry as well as Commissioner of Insurance! Plus there are seats on the Board of Elementary and Secondary Education (BESE Board), a few judges, and many state Senators and Representatives. Rapides Parish will also be voting for Sheriff, Clerk of Court, Tax Assessor, and several Policy Jury seats. You can find out what's on YOUR ballot at the Secretary of State's website or by going to GeauxVote.com.

Along with all those important statewide and local races there are four constitutional amendments. For the past several years I have sought to provide a layman's guide to the amendments because they are (rightfully so) written in legalize in order to be factual, precise, and enforceable. Unfortunately, that means that sometimes they are not easily understood!

To guide my research I read as much as I can about the amendments as well as take in PAR's excellent guide to the amendments. However, as hard as they work to boil the language down to understandable terms, this year's guide is still 17 pages long! (Granted, that includes covering the four on the Oct 14 ballot and the four on the Nov 18 ballot.) My goal is to summarize each amendment in one or two paragraphs. So let's dive right in.

• Constitutional Amendment 1 would prohibit the use of private funds to pay for elections in Louisiana. This came out of the COVID-19 pandemic era when elections were more expensive because of the need for protective equipment, expanded hours, and increased use of absentee ballots. A nonprofit funded by Facebook offered to help pay for the elections. But since Louisiana law is silent as to whether this is allowable or not, the Attorney General recommended that no private funds be used in public elections and to allow the legislature to address the issue. The legislature has twice passed legislation outlawing the practice and both times Governor Edwards has vetoed it. So the legislature has proposed a Constitutional Amendment to allow the people to speak to the issue. (I'm voting YES because I think private funding could skew the results by pouring more money into certain areas that might vote a certain way.)
  
  
• Constitutional Amendment 2 would add additional levels of protection to the constitutionally protected freedom of religion. This also comes out of the COVID-19 pandemic era when Governor Edwards shut down churches while allowing many businesses to remain open. One pastor was repeatedly arrested for violating the restrictions and his case went to the Louisiana Supreme Court where charges were dismissed on a 5-2 vote. Some say we don't need this additional protection while others point to the fact that it took a Supreme Court decision (that actually was split) to preserve religious rights, so this amendment is needed. (I'm voting YES because I think I believe freedom of religion needs the greatest protections available.)
  
  
• Constitutional Amendment 3 would require that 25% of any state surplus be used to pay down the retirement debt (or "unfunded accrued liability") for the four state retirement systems. Currently the state is required to pay 10% of surpluses to TWO of the four systems, but that requirement expires in 2029. Those against the amendment say the state has too many other priorities, such as unfunded bridge and road construction, water system repairs and other infrastructure issues and this would limit surplus monies from being used for those important projects. (I'm voting YES because paying down this liability in the short-term will free up money in the long term and make our state more financially sound.)
  
  
• Constitutional Amendment 4 would allow local governments to revoke property tax exemptions from non-profits that lease housing and have repeated public health or safety violations. Many non-profits, such as churches, hospitals, cemeteries, etc, receive property tax exemptions because of the benefit they provide to society, including some non-profits that provide rental housing for low-income families. However, some of them have allowed their properties to fall into disrepair and actually become a danger to the residents and the public. This amendment would allow local governments to rescind the property tax exemption on a non-profit owned entity that leases their property for housing if there have been three or more safety code violations in the last 12 months for specific health and safety issues. Their tax exemption can be restored if the health and safety violations have been fixed.  (I'm voting YES because this could help eliminate "slum lord" conditions by non-profits who take the money but don't provide for the safety and welfare of the residents they are supposed to be serving.)

Well, there you have it, a brief look at the four amendments coming up on the Oct 14 ballot. As I write this, early voting has already begun and will continue through Saturday, Oct 7. I'd love to hear your thoughts on the constitutional amendments. Who knows, maybe you'll change my mind! But regardless of whether you agree with me or not, I hope everyone will educate themselves on the amendments and geaux vote!!!